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Opinions Oct. 30, 2013

October 30, 2013
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The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Heather N. Kesling v. Hubler Nissan, Inc.
49S02-1302-CT-89
Civil tort. Holds Kesling’s fraud claim survives summary judgment but her deception claims do not. Advertising a car as “sporty car at a great value price” is not a warranty about the car’s performance or safety characteristics. But stating that a car “would just need a tune-up,” in the face of actual or constructive knowledge that it had far more serious problems, does represent a fact and therefore may be the basis of a fraud claim when a seller gives it as a knowingly incomplete answer to a buyer’s specific question.

Wednesday’s opinions

Indiana Court of Appeals
Eric Danner v. State of Indiana (NFP)
71A03-1304-PC-146
Post conviction. Affirms denial of petition for post-conviction relief.

Delmar P. Kuchaes v. JP Morgan Chase Bank, N.A. (NFP)
53A04-1206-MF-304
Mortgage foreclosure. Grants rehearing after originally dismissing appeal and finds the trial court did not abuse its discretion in denying Kuchaes’ motion to continue; in certain evidentiary rulings; in denying Kuchaes’ motion to amend the pleadings; in denying Kuchaes’ motion to reopen; and in the award of attorneys fees.

Christopher Peelman v. State of Indiana (NFP)
39A01-1301-CR-27
Criminal. Affirms convictions and sentence for Class A felonies dealing in methamphetamine and conspiracy to commit dealing in methamphetamine.

Jose A. Bonilla v. State of Indiana (NFP)
19A01-1303-CR-146
Criminal. Affirms Class C felony child molestation conviction.

Kendrick Atkins v. State of Indiana (NFP)
71A04-1303-CR-135
Criminal. Affirms conviction and sentence for Class B felony attempted robbery.

Marcus Anthony Johnson Revocable Trust and The Marion County Board of Zoning Appeals Division No. 1 v. Westchester Estates Homeowners Association, Inc., et al. (NFP)
49A04-1302-PL-59
Civil plenary. Affirms order granting summary judgment in favor of Westchester Estate Homeowners Association and other appellees and the denial of summary judgment in favor of the trust and board of zoning appeals regarding a zoning variance. 

Lawrence Harris v. State of Indiana (NFP)
49A02-1301-CR-80
Criminal. Affirms revocation of placement in community corrections and commitment to the Indiana Department of Correction to serve the remainder of Harris’ sentence.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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